Initial Agency Decision Granting Motion for Decision
Office of Hearings and Appeals
July 6, 2023On July 6, 2023, an Administrative Law Judge (ALJ) issued an initial agency decision (Decision) granting a motion for a decision (Motion) filed by the Department of Energy’s Office of the Assistant General Counsel for Enforcement (OGCE) under the Energy Policy and Conservation Act, 42 U.S.C. § 6291 et seq. (EPCA). In January 2022, shenzhenshi xialan keji Youxiangongsi (Respondent) introduced a lavatory faucet into commerce without having first certified that the product met the applicable energy conservation standard pursuant to DOE regulations implementing the EPCA. OGCE served a complaint on Respondent, to which Respondent failed to respond, and on March 21, 2023, OGCE filed the Motion. Respondent failed to respond to the Motion, and accordingly the ALJ deemed all of the allegations set forth in the complaint as admitted. As the complaint alleged sufficient facts to establish that was no genuine issue of material fact and that OGCE was entitled to a decision as a matter of law, the ALJ granted the Motion and ordered Respondent to pay a civil penalty. (OHA Case No. EEE-23-0002, Fine)